Savannah Engineers (WA) Pty Ltd

[2014] FWCA 7398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Savannah Engineers (WA) Pty Ltd
(AG2014/7700)

SAVANNAH ENGINEERS (WA) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 OCTOBER 2014

Application for approval of the Savannah Engineers (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Savannah Engineers (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Savannah Engineers (WA) Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 21 October 2014 and, in accordance with s.54, will operate from 28 October 2014. The nominal expiry date of the Agreement is 21 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the Savannah Engineers (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant, Savannah Engineers (WA) Pty Ltd, sought approval for the agreement from the Fair Work Commission. The dispute arose from negotiations between the company and the Australian Workers' Union, which resulted in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for the fair and efficient resolution of workplace disputes, protected the rights of employees, and complied with the requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement's provisions on dispute resolution mechanisms, employee rights, and procedural fairness aligned with the principles of the Act. Additionally, the Commission needed to assess if the agreement adequately protected the rights of employees, including those related to redundancy, termination, and workplace health and safety.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission noted that the agreement provided for effective and efficient dispute resolution mechanisms, including a multi-step process that allowed for internal resolution before escalating to external arbitration. The Commission also determined that the agreement adequately protected the rights of employees, including provisions for redundancy payments, termination notices, and health and safety measures. Furthermore, the Commission concluded that the agreement's procedural fairness provisions were consistent with the principles of natural justice. Given these findings, the Commission approved the agreement.

The Fair Work Commission ordered the approval of the Savannah Engineers (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The Commission's decision was based on its determination that the agreement met the necessary criteria for approval under the Fair Work Act. The approval allows the agreement to be registered and enforced, providing a framework for the fair and efficient resolution of workplace disputes between the company and the Australian Workers' Union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established